§ 20-13-1704 — Immunity for seeking medical assistance

(a) A person shall not be arrested, charged, or prosecuted for possession of a controlled substance in violation of § 5-64-419 if the evidence for the arrest, charge, or prosecution of the possession of a controlled substance in violation of § 5-64-419 resulted solely from seeking medical assistance if: (1) The person in good faith seeks medical assistance for another person who is experiencing a drug overdose; or (2) The person is experiencing a drug overdose and in good faith seeks medical assistance for himself or herself. (b) A person shall not be subject to penalties for a violation of a permanent or temporary protective order or restraining order or sanctions for a violation of a condition of pretrial release, condition of probation, or condition of parole or post-release supervision based on the possession of a controlled substance in violation of § 5-64-419 if the penalties or sanctions are related to the seeking of medical assistance.

Legislative History

Amended by Act 2023, No. 659,§ 242, eff. 1/1/2024. Added by Act 2015, No. 1114,§ 1, eff. 7/22/2015.